BAGUIO CITY, Philippines — The Court of Appeals (CA) has reversed the conviction of an alleged close aide of a drug dealer, who was earlier sentenced to two years in prison by a lower court.
The CA ordered the immediate release from prison of Jeffrey Tolentino, who was convicted of violation of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002.
The Appellate Court directed the chief of the New Bilibid Prison in Muntinlupa to release Tolentino, who was accused of being a trusted aide of Abdul Fabrigas Abdullah.
Abdullah, a Filipino-Somali, was arrested during a sting in Barangay San Vicente, Baguio City in August 2020.
He died two years ago, apparently of a heart attack, while he was being arrested for drug trafficking.
Tolentino was convicted in November 2022 by the Regional Trial Court (RTC) First Judicial Region Branch 5.
He filed an appeal in February 2023, but was denied by the same court.
In his appeal, Tolentino said the RTC erred in convicting him because there was no witness to his arrest. He said he was not present when the alleged pieces of evidence were being documented.
The CA found Tolentino’s appeal meritorious, citing the principle of the chain of custody, wherein the prosecution should establish that the pieces of evidence against a suspect are the same proof presented in court.
“Illegal drugs are not readily identifiable and are easily open to tampering with, alteration, or substitution either by accident or otherwise,” the CA said.
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